Nevada County picayune., 1887-03-23

IconSl.ncc thereof any and ,Jl prop erty offered for shipment at aud inr charges not greater than those specified in such sehrdlil' as may at the time hc l., f,rc.', and shall on demand, issue Ia ship pers duplicate freight receipts. which shall state tine class ot freight shipped, the weight and charges. And all the pr"yisl ms ot .his act shall apply to all property. and all the services in and a'out the transportation thereof, on "ne actually or substantially coniinu- OuS carriage, or part thereof, and to the compensation there:or, i whether same is carried wholly on one railroad, or partly on several railroads, and whether the services are performed, compensation i paid or received by or to one cor poration, alone or in connection with another. or other persons or corporations, provided, that at points where freights are subject to competition by routes not con trolled by thisact, nor complying with its provisions, the schedule herein provided for may be posted and go into immediate effect.
 And no such action shall be maintained unless it be alleged and shown that before bringing this action the party complain ing brought the matter to the at tention of the railroad company hy notice or statement of the facts in writing accompanied by the papers showing such violation, if any he has, and d demand for rep aration delivered to some agent of tbe railroad company, and that said railroad company for fifteen days after reception of such notice neglected or refused to refund any overcharge or make other proper reparatiOn.
 Sec. 8. In any action brought un. der this act the court before which :he same shall be pending may com pei any president. director, receiv- CT, officer, trustee or agent of the railroad defendant in such action to attend aud testify in such case. and may compel the production of the books and papers of such rall road corporation party to such ac- ton or suit; the claim that any such testimony or evidence may criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on trial of any criminal proceeding.
 Sec, 9. All charges made for any services rendered, ar to be render ed, in the transportation of fpassen- gers or property on any railroad in this state, or in connection there. with, or for the receiving, deliver ing, or storage, or handling of such property shall be reasonable and just, and every unjust and unrea- sOnable charge for such services prohibited anal declared to be un- lawful
 Sec. 10, Whenever any railroad corporation, as lessee or otherwise, i operates any other railroad in con ton with its own road, the pro is. ions of this act as to charges for transportation and carrying freight and passengers shall apply to such other roads as operated, in like manner as il the same were part of the line of road owned by the corporation operating the same, and for such purposes all lines Of railroad operated by the same com, pany shall be considered as one and the same road.
 Sec. II. The term railroad or railroad corporation contained in this act. shall be deemed and taken to mean all corporations, compa- nies or individuals now owning or operating, or which may hereafter own or operate any railroad in this state, whether as owner, cOntrac- tor or lessee, mortgagee, assignee or receiver.
 Sec. 12. Ina: any railroad cor poration that shall violate the first, fourth. fifth, sixth, seventh and ninth sections of this act, or shall be concerned in the violation of the third section of this act, shall forfeit and pay for every such offenSe any sum not less than $50, nor exceeding 5000 and cost of suit. to be recovered by civil action by the party az grieved in any court having juriS' dictiOn thereof; and any pre- ident, director, officer. agent or employe of any such railroad. who shall knowingly or wilfully violate any of such provisions of either Secs l. ?, 3 or of this act, shall for every violation be liable to the same penalties, to be recovered by the party aggrieved, in the same manner as prescribed in this section, and in case of the viola ton of said Sec. 3 hy any such railroad corporation or president, director, officer, agent or employc, each day the same is done shall constitute separate cause of ac. ton, but all such actions shall be brought within one year after the cause of action occurs, or within one year after the party eoTplaIn- ! inu nomaS to thu knn,vI.d,,. of h;,